Download A companion to European Union law and international law by Anna Södersten, Dennis Patterson PDF

By Anna Södersten, Dennis Patterson

That includes contributions from well known scholars, A better half to eu Union legislation and overseas Law provides a finished and authoritative choice of essays that addresses the entire most vital themes on eu Union and overseas law.

  • Integrates the fields of eu Union legislation and foreign legislation, revealing either the similarities and differences
  • Features contributions from popular students within the fields of european legislation and overseas law
  • Covers a extensive variety of topical matters, together with alternate, institutional decision-making, the ecu courtroom of Justice, democracy, human rights, legal legislation, the EMU, and plenty of others

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Sample text

Secondly, the Assembly was recast as the European Parliament and, in accordance with an act approved by the Council of Ministers in 1976 and ratified by all the member states, held its first direct elections in 1979 – thus injecting an important element of democratic legitimacy into the EEC’s institutional framework and strengthening the Parliament’s calls for greater input into the Community’s decision‐making processes. Thirdly, it was decided in 1974 that the heads of state or government of the member states should begin to meet on a regular basis to discuss matters relevant to the Communities at the highest political level.

Primary rules create obligations.  The master secondary rule, the Rule of Recognition, is a social practice among officials for what counts as valid sources of law. , 91–99. The Rule of Recognition is analogous to Kelsen’s Grundnorm. 20 See Ronald Dworkin, Taking Rights Seriously (Cambridge MA: Harvard University Press, 1978), Chap. 2 and 3. 21 Dworkin argued that any theory of law had to explain enough of law as we find it for the explanation to count as an explanation of “law” (fit). But lawyers can agree that more than one theory can fit the law as we find it.

The notion of a legislature making moral rules is therefore absurd. Hart contrasts this with the situation in international law, where the lack of a legislature is just a defect that might one day be repaired. Hart finally points out that there can be many reasons why states obey international obligations, and moral obligation may be one of them. But it is not a necessary feature of international law. ” The absence of an international legislature, courts with compulsory ­jurisdiction, and centrally organized sanctions make international law resemble a simple form of social structure.

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